NEW INDIA ASSURANCE CO. LTD. Vs. REKHA SHARMA

JUDGEMENT

(1.) Both the misc. appeals arise out of common judgment/award, hence same are being decided by this common judgment. Both the misc. appeals have been filed against the judgment/award dated 18th September, 2009 passed by the Addl. District Judge (Fast Track) No. 9, Jaipur City/Jaipur and Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'the Tribunal') in claim case No. 301/2008.

(2.) Detailed facts have already been mentioned by the Tribunal in its judgment/award, hence, I am not repeating the same except wherever the necessity arises.

(3.) Brief facts of the case are that on 4th May, 2007 Rajendra Kumar Sharma) Advocate alongwith his friends was coming from Divrala Ajitgarh towards Jaipur by Car No. RJ-14-8C-6821 after attending a marriage. This car was owned by Sanjay Pareek, who was a friend of Rajendra Kumar Sharma. This car was being driven rashly, negligently and with excessive speed by its driver. Ahead the car a jeep bearing No. RJ-14-7C-1886 was going on, which was also being driven by its driver rashly and negligently. Suddenly the jeep driver took his jeep in a side, as a result of which the car coming behind the jeep hit with the jeep and on account of its excessive speed, he driver of the car could not control the car and hit with a tractor going ahead the car. Due to this accident Rajendra Kumar Sharma (Advocate) and other persons sustained injuries and during the course of treatment, Rajendra Kumar succumbed to injuries in SMS Hospital on 14th May, 2007.